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DAMAGE CLAIMS (EMPLOYMENT LAW)
5 “Don’ts” That Can Hurt Your Damage Claim
Types of Damages
Types of Damages
Compensatory Punitive
• damages for past pecuniary
loss (out-of-pocket loss)
• future pecuniary loss
• nonpecuniary loss (emotional
harm)
Compensatory Damages
Include:
Common Examples of
Compensatory Damages
• Emotional Anguish
• Pain & Suffering
• Inconvenience
• Loss of Enjoyment of Life
• Injury to Professional Standing
• Injury to Character &
Reputation
• Loss of Health
Want To Know What Damages You May Be Entitled? Ask an Employment Attorney (FREE) Here:
http://www.floridaovertimelawyer.com/practice-areas/overtime-and-unpaid-wages-attorney/
Limits On Compensatory &
Punitive Damages
For employers with: Limits
15-100 employees $50,000
101-200 employees $100,000
201-500 employees $200,000
500 employees $300,000
Punitive damages are available only
• where the respondent acted with
"malice or with reckless indifference to
the federally protected rights of an
aggrieved individual."
Source: EEOC.gov
The Purpose of a Damages
Award
To restore the victim to the same
condition he or she would have prior
to the unlawful job loss.
Richard Celler Legal, P.A.
5 “Don’ts” That Hurt Your
Damage Claim
Don’t #1
Don’t stop looking for a new job.
The law requires you make efforts to
“mitigate” or lessen your damages by
looking for other work.
It shows the jury that you are making
efforts to move forward with your life
and not sitting and waiting for a
paycheck from them.
Richard Celler Legal, P.A.
Make sure you keep track of all of your
efforts to find work such as date
applied, name of employer, and
response, if any.
Richard Celler Legal, P.A.
Don’t #2
Do not post things about your lawsuit
on social media (text messages, emails).
The employer’s lawyer is entitled to all
of this information and will ask for it
during the lawsuit.
If you have put something silly in
writing, rest assured that the jury will
see that as well.
Richard Celler Legal, P.A.
Don’t #3
Do not lie on your tax returns,
unemployment documents, or other
government submissions.
Juries look for reasons NOT to award
damages to employment litigants, and
one of the easiest ways to hurt your
claim is to lie on your tax return or other
sworn documents.
Don’t #4
Don’t spend more than you have.
Be smart with your money and don’t
count on a lawsuit as your savior. Until
you have your jury award in your hand,
anything can happen.
Richard Celler Legal, P.A.Richard Celler Legal, P.A.
Don’t #5
Don’t be frivolous with your damage
claims.
If you have been wrongfully terminated
and you are pursuing a claim for
damages…
Keep a written tally of the damages you
have suffered from loss of 401k to
unable to pay your mortgage, to credit
card debt (along with the invoices and
documents supporting the claim), and
present this to your lawyer on a regular
basis.
Have Questions?
Connect With Me On Google+: https://plus.google.com/+Floridaovertimelawyer/
LEARN MORE ABOUT DAMAGE CLAIMS
“We Protect Your Rights in the Workplace,
So You Can Focus on Protecting Your Family”
http://www.floridaovertimelawyer.com
(866)344-9243
richard@floridaovertimelawyer.com
Richard Celler Legal, P.A.
7450 Griffin Road, Suite 230
Davie, FL 33314
Phone: 954-903-7475
We Offer a FREE Initial Case Review So You Can Get
Answers for Your Employment Law Questions

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5 Don'ts That Can Hurt Your Employment Law Damage Claims

  • 1. DAMAGE CLAIMS (EMPLOYMENT LAW) 5 “Don’ts” That Can Hurt Your Damage Claim
  • 4. • damages for past pecuniary loss (out-of-pocket loss) • future pecuniary loss • nonpecuniary loss (emotional harm) Compensatory Damages Include:
  • 6. • Emotional Anguish • Pain & Suffering • Inconvenience • Loss of Enjoyment of Life • Injury to Professional Standing • Injury to Character & Reputation • Loss of Health Want To Know What Damages You May Be Entitled? Ask an Employment Attorney (FREE) Here: http://www.floridaovertimelawyer.com/practice-areas/overtime-and-unpaid-wages-attorney/
  • 7. Limits On Compensatory & Punitive Damages
  • 8. For employers with: Limits 15-100 employees $50,000 101-200 employees $100,000 201-500 employees $200,000 500 employees $300,000
  • 9. Punitive damages are available only • where the respondent acted with "malice or with reckless indifference to the federally protected rights of an aggrieved individual." Source: EEOC.gov
  • 10. The Purpose of a Damages Award
  • 11. To restore the victim to the same condition he or she would have prior to the unlawful job loss. Richard Celler Legal, P.A.
  • 12. 5 “Don’ts” That Hurt Your Damage Claim
  • 14. Don’t stop looking for a new job.
  • 15. The law requires you make efforts to “mitigate” or lessen your damages by looking for other work.
  • 16. It shows the jury that you are making efforts to move forward with your life and not sitting and waiting for a paycheck from them. Richard Celler Legal, P.A.
  • 17. Make sure you keep track of all of your efforts to find work such as date applied, name of employer, and response, if any. Richard Celler Legal, P.A.
  • 19. Do not post things about your lawsuit on social media (text messages, emails).
  • 20. The employer’s lawyer is entitled to all of this information and will ask for it during the lawsuit. If you have put something silly in writing, rest assured that the jury will see that as well. Richard Celler Legal, P.A.
  • 22. Do not lie on your tax returns, unemployment documents, or other government submissions.
  • 23. Juries look for reasons NOT to award damages to employment litigants, and one of the easiest ways to hurt your claim is to lie on your tax return or other sworn documents.
  • 25. Don’t spend more than you have.
  • 26. Be smart with your money and don’t count on a lawsuit as your savior. Until you have your jury award in your hand, anything can happen. Richard Celler Legal, P.A.Richard Celler Legal, P.A.
  • 28. Don’t be frivolous with your damage claims.
  • 29. If you have been wrongfully terminated and you are pursuing a claim for damages…
  • 30. Keep a written tally of the damages you have suffered from loss of 401k to unable to pay your mortgage, to credit card debt (along with the invoices and documents supporting the claim), and present this to your lawyer on a regular basis.
  • 31. Have Questions? Connect With Me On Google+: https://plus.google.com/+Floridaovertimelawyer/
  • 32. LEARN MORE ABOUT DAMAGE CLAIMS
  • 33. “We Protect Your Rights in the Workplace, So You Can Focus on Protecting Your Family” http://www.floridaovertimelawyer.com (866)344-9243 richard@floridaovertimelawyer.com Richard Celler Legal, P.A. 7450 Griffin Road, Suite 230 Davie, FL 33314 Phone: 954-903-7475 We Offer a FREE Initial Case Review So You Can Get Answers for Your Employment Law Questions